WEIRTON CITY COUNCIL
COUNCIL MEETING - REGULAR
FEBRUARY 12, 2007 7:00 P. M.
A regular meeting of the Common Council of the City of Weirton, Hancock and Brooke Counties, West Virginia was held on Monday, February 12, 2007 at 7:00 P.M. in Council Chambers of the City of Weirton Municipal Building.
Mayor Miller called the meeting to order.
Councilmembers in Attendance: Henry DeMasis Councilmember Ward 4 Harold Miller Councilmember Ward 2 Dale Moore Councilmember Ward 3 Jerry Miller Councilmember Ward 1 David Dalrymple Councilmember Ward 6 Frank Veltri Councilmember Ward 7 George Kondik Councilmember Ward 5
City Officials in Attendance: John Brown Public Works Superintendent Kessler Cole Fire Chief Gary DuFour City Manager Thomas J. Maher, Jr. City Clerk A. D. Mastrantoni Utilities Director Valerie Means Finance Director Rik Rekowski Mary H. Weir Public Library Director Rod Rosnick Chief Code Official D. Lance Scott Police Chief Cody Shingle Parks and Recreation John Yeager City Attorney
Others in Attendance: Citizens Mark Harris Candidate for Mayor Charlie Mitchell Candidate for Ward 1 Councilman Ronnie Jones Candidate for Ward 1 Councilman Media Weirton Daily Times, Jason Howard
Mayor Miller led the Pledge of Allegiance.
Mayor Miller requested that everyone to remain standing after the Pledge of Allegiance.
Mayor Miller commented, “At this time, I’d like for you to bow your heads and have a silent prayer for an ex-police officer who had retired, Captain Musick, Bob Musick. He was a dedicated police officer. He was loved by his family. He loved them. He was also loved by his church, and he loved the church. He was a fine citizen of the City of Weirton. He will be missed by his family. We offer them our condolences and Godspeed to Bob. Thank you.”
APPROVAL OF MINUTES
A motion was made by Councilmember J. Miller and second by Councilmember DeMasis to approve the amended minutes of the: January 08, 2007 – Regular Council MeetingThe motion carried, 7/0.
MAYOR’S AWARDS AND PROCLAMATIONS
Mayor Miller commented, “We have one proclamation. I’d like for Sue Simonetti to come up to the podium please. I want to thank you for attending tonight Sue, and I want thank you for your volunteer work. This proclamation deals with cancer and the celebration of life and it reads:
Whereas, cancer is a group of diseases characterized by uncontrolled growth and spread of abnormal cells which if not controlled could result in death, and
Whereas, eleven thousand one hundred and ninety new cases of cancer are estimated to occur in West Virginia in the year 2007, and approximately forty seven hundred people are expected to die from cancer this year, and
Whereas, the American Cancer Society is a voluntary, community based health organization in states dedicated to eliminating cancer as a major health problem, and
Whereas, the Relay for life is a celebration of life benefiting the American Cancer Society, and
Whereas, the Relay for life is a community affair held throughout the State of West Virginia which presents an opportunity to dust off our camping gear, slip on our walking shoes, and network with business associates, family, and friends,
Now, therefore, be it resolved that I, William M. Miller, Mayor of the City of Weirton, Hancock and Brooke Counties, West Virginia, and on behalf of the City Council do hereby proclaim, March, April, May and June, 2007 as Relay for Life months and urge all of our citizens to join me in recognizing the outstanding contribution made to the community by this organization.
Mayor Miller continued, “I’d like to give you a hand.”
(APPLAUSE)
Mayor Miller commented, “Please tell us a little bit about it. I know you have some pamphlets there.”
Ms. Simonetti commented, “I have a little bit of information here about it. Actually, I would like to leave this so you can put it on display somewhere. Our Relay For Life for Brooke Hancock County, we’re a joint organization for Brooke and Hancock County, will be held June 9th and 10th, overnight. It starts like at 3:00 in the afternoon. It will be a Saturday afternoon, and it goes until 3:00 in the morning. We changed our times this year. We used to go from six in the evening until six in the morning. The idea of going all night is that cancer never sleeps. So, we want you to know that we don’t either. We’re there fighting every minute that we can. Basically, that’s the idea behind it. Our Relay for Life is held at Brooke High School. It has traditionally been held at Brooke High School. For some reason, the Oak Glen High School…they’re not set up good for camp sites and stuff, and we set up camp sites all through the parking lot of…you are familiar with…Brooke High School Stadium, and we walk around the track, and you go all night long. At about 10:30 we have a luminary ceremony in which candles are lit and directed all the way around the track, and we turn all the lights off. And, those candles are lit in honor of survivors, or in memory of those who have lost their battle. So, it’s truly an awesome site, and I really want to invite you all to come out and see it. It really is an awesome thing. I would like to add one thing. I’m an advocate for the American Cancer Society. I’m actually a six-year survivor myself, and, so, I’ve been an advocate for the Cancer Society for about six years. When I was first diagnosed with cancer…I’ll make this really brief, honestly…when I was first diagnosed with cancer, the first thing you think about is your doctors, your treatments, the medications and stuff like that. Something that you really don’t think about, and I want to bring this to your attention, you don’t think of the political side of cancer, and there is a political side of cancer. The last two years…we have seen a reduction in the death rate of cancer on a yearly basis for the last two years. That’s the first time ever. Last year, we saw also a reduction in our funding for our cancer related programs, for cancer research…there’s a program for early detection, those types of things. For the last two years…the first year they froze our spending. The next year they reduced our spending. And, there’s proposed reductions in spending again this year. So, I feel that that death rate is going to turn around, and it’s going to start to climb again if we continue to decrease our funding. So, what I just want to say is, make all of your elected officials aware that we would like to, you know, we want to make cancer a priority. Decisions are made every day on the state level and the federal level, so we need to make our elected officials aware that we want to make cancer our priority and get the biggest piece of the budget that we can get. And, that’s basically what I wanted to say. Thank you for listening to me.”
Mayor Miller commented, “Stay there. I’m going to come down and present this to you. We thank you for your volunteer work, and we hope that you will have a successful program.”
(APPLAUSE)
Councilmember Dalrymple commented, “Mayor, maybe it would be a good idea if we got some kind of resolution together to send to someone about that subject.”
Mayor Miller commented, “I think that’s a wonderful idea Councilman, and we will offer something from City Council, I believe, as well as the Mayor and City Manager. I like the idea. Thank you very much.”
COMMUNICATIONS
Mayor Miller commented, “John Yeager. I would like to ask you about the PSC hearings in Charleston slated for February 14th.”
Mr. Yeager commented, “For quite a while, since you made me aware Mr. Mayor, that you would like something put on record down there from the citizens of Weirton, I’ve been planning on going to that. I’ve been made aware last week that a child abuse and neglect case that I’ve been involved in for quite a while is going to be heard on the 14th. I asked that that be continued, but the judge refused that, because child abuse and neglect cases take first priority over everything else. As a matter of fact, if I had had a state felony case the same day, it would have been put aside for the child abuse and neglect case. The Mayor’s very graciously allowed me to send a letter down stating, in essence, what I would have said in person if I went down. And, that way, I’ll be able to do that and also address this very important case.”
Mr. Yeager continued, “As to the Kusic Building, we filed suit in this, and we’re at the stage now where we’re preparing for trial. The defendants have raised the issue that I did not directly serve Mrs. Kusic in the party. I’ve asked the court for (unintelligible). Since the other side has demanded I do it, then I’m going to do it. Then, she will be a defendant. I was made aware today that Fr. Dorsch took the city to task again for not having the building down. We’re not taking it easy on Sam Kusic or even Mrs. Kusic. If we had contracted with anyone else who hadn’t fulfilled their contract, this is where we’d be now. We’d be in court asking the court to either make them perform specifically under their contract or to allow us to take the money that we were going to pay and to pay it to someone else for the same purpose. I did see Mr. Kusic’s vehicle down there today, and the door is open. Also, today, I sent a letter a letter to his attorney asking if he had a timeline he could give us. And, the last thing that I knew about Mr. Kusic’s plans was that he intended to take some things out of there that he was going to recycle…I think perhaps maybe glass, some, perhaps, wood that you wouldn’t be able to buy anymore if you went to buy wood in certain dimensions and so forth. We don’t have any problem with that, but I don’t see any commotion on getting that done. And, it’s going to be time consuming. I know that because I watched when they took the Tri-State building down, and they took the glass blocks out instead of (unintelligible). You know, it’s not done overnight. But, perhaps now that he’s down there, we’re going to see some motion on that, and we’re going to get this done. But, be that as it may, we’ll just continue with the court case and let the legal process take its course.”
Mayor Miller commented, “The court date is set up during March?”
Mr. Yeager commented, “That’s the…”
Councilmember Kondik commented, “The discovery isn’t until April 30th.”
Mr. Yeager commented, “Well, but in March, I think we’re going have a…there’s a hearing date for final pre-trial I believe.”
Councilmember Kondik commented, “And, then there’s another sixty days?”
Mr. Yeager commented, “No. The judge can set it anytime. He can say if you’re ready, be back tomorrow.”
Councilmember Kondik commented, “I read Father Dorich’s letter Friday, and I took it down to Sam, and I sat down with Sam for about an hour, and I said Sam, ‘This is what they’re saying about you. This is what they’re writing about you.’ And, first he said, anybody that would want to write anything like that about him, they should just come and talk to him, just like I did. And, he invited anybody from Council to go down and talk to him. And, he showed me the discovery letters from his attorney to you and you back to him and everything. And, at the end of the hour that we set, he said to me, he said, ‘I have a middle of March contract deadline to have the building razed.’”
Mr. Yeager commented, “That’s wonderful.”
Mayor Miller commented, “Councilman, I hope you’re right.”
Councilmember Kondik commented, “I hope I’m right too.”
Councilmember DeMasis commented, “Mayor, could I throw a couple of words out? I was told that, to tear that down, and get it all out of town, to get it all where it should be, would take one day, just to let you know. Maybe that’ll make you sleep tonight.”
Councilmember J. Miller commented, “Being in the construction business, I can tell you that it’s going to take more than one day, but at the same time it…”
Mayor Miller commented, “Well, gentlemen, Council, they had an agreement with the past administration. The building is still standing. We had an agreement, and now we’re in court, and that’s where we should be. We had Council’s wishes that we go there. I agree with that wholeheartedly, and I hope you’re right Councilman, that it is down by mid March.”
Councilmember Dalrymple commented, “I disagree that we should be in court. The building should be down. That’s what the real deal should be.”
Councilmember Kondik commented, “But, when we get to the court system, Councilman…”
Councilmember Dalrymple commented, “We shouldn’t even be in court. It should be down.”
Councilmember Moore commented, “I have the same question I had last month. Is the City Administration doing everything in our power to bring the Kusic building down as quickly as possible?”
Mr. Yeager commented, “Yes.”
Councilmember Moore commented, “Thank you.”
Mayor Miller commented, “Ladies and gentlemen, the snows are coming. Public Works, you are prepared, but the latest forecast I have is between six and eight inches.”
Mr. Brown commented, “Yes. For us, manpower, everything is ready to go.”
Mayor Miller commented, “I hope we can handle it.”
Mr. Brown commented, “We can.”
Mayor Miller commented, “And for the paper, Jason, it probably will be too late by the time it comes out. The snows will be here. But, we’d like to ask the general public to keep their cars now in their driveways. Please get off the sidewalks, etc., because if you want your street plowed and taken care of, you’re going to have to have your cars removed off the street. Otherwise, your street will be neglected, and you’ll have a problem maneuvering in six to eight inches of snow.”
Councilmember Kondik commented, “Jason did put an article in last Saturday’s paper for us on that. Thank you. He did that already Mayor.”
Councilmember J. Miller commented, “I would like to say something. On Saturday we had our 9th annual St. Jude Bowl-A-Thon. I would like to publicly thank all the sponsors that we got throughout town, plus all the kids that went out and raised money, the bowlers. The Mayor was kind enough to come up to the event and walk around and talk to some people. He only lets us abuse him once a year. He bowls with the pee-wees once a year. But with the St. Jude’s, I want to thank everybody that participated. And, it was a success. I don’t have a total yet because the kids got two more weeks to continue collecting. But, once again, it’s our ninth year, and up to now, we’ve averaged between two thousand and twenty three hundred dollars a year, so we’ve done pretty good. And, I just want to say publicly, Thank you.”
Mayor Miller commented, “And, publicly, I want to commend you Councilman for you activities with these bowlers. Certainly, years and years you’ve put into it. It is certainly a tribute to you.”
Councilmember DeMasis commented, “Mayor, every year we have a Toys-For-Tots, and they’re always using (unintelligible). This past year, we had one of the biggest years, and I just want to say thanks to the Marines. They put in a tremendous amount of time. And, our Christian Center, we took care of them. And, that was one of the nicest little parties that I’ve been to, all of them little kids there. And, those young little boys there, running around and playing. One of them picked up a little thing that looked like a gun. Anything that looked like a gun, that was straight, that made a point, but they were running around there. There was a little bunch running around and grabbing you. I couldn’t even catch them. But, I tell you, that’s what it’s all about, our children.”
Mayor Miller commented, “Thank you Councilman.”
CITIZEN REMARKS
NONE
OLD BUSINESS
Ordinance No. 1516: (Second Reading) TO AMEND THE FINAL PARAGRAPH OF ARTICLE VII, SECTION 3 OF THE CHARTER OF THE CITY OF WEIRTON, WEST VIRGINIA, PROVIDING FOR A SUBSTITUTE FOR THE CITY JUDGE IN CASES OF ABSENCE OR DISABILITY.
Motion was made by Councilmember J. Miller, second by Councilmember DeMasis.
The motion passed by majority, 7/0.
ORDINANCE NO. 1516
ORDINANCE TO AMEND THE FINAL PARAGRAPH OF ARTICLE VII, SECTION 3 OF THE CHARTER OF THE CITY OF WEIRTON, WEST VIRGINIA, PROVIDING FOR A SUBSTITUTE FOR THE CITY JUDGE IN CASES OF ABSENCE OR DISABILITY
WHEREAS West Virginia Code '8-4-8 provides for a method of amending the Charter of a City which has an existing charter, if the Council finds it expedient; and
WHEREAS it has been brought to Council=s attention that the last paragraph of the current Article VII, Section 3 of the City Charter allows the City Manager to appoint the City Attorney to act as Police Court Judge to perform the powers, functions, and duties of the then-serving Police Court Judge if he or she is disabled or absent; and
WHEREAS modern notions of due process of law are not consistent with the idea that the City Attorney, who may have already investigated a case, spoken to witnesses, and prepared to go to trial with it, should ascend the bench the bench and decide the innocence or guilt of the defendant; and
WHEREAS Council finds it expedient to amend the charter to provide that the City Attorney, whose job description also makes him the City=s Prosecutor, should not hear cases in the City Court because conflicts of interest may appear and in fact exist; and
WHEREAS the City Judge must always be free of apparent or actual conflicts of interest; and
WHEREAS Council believes that the Mayor, if he has taken the requisite training prescribed by the Supreme Court of Appeals of West Virginia should hear the cases which the appointed judge cannot, and, if the Mayor cannot or chooses not to hear the said cases, that a practicing member of the West Virginia Sate Bar should be appointed by him or her to do so.
NOW, THEREFORE, be it ORDAINED by the Common Council of the City of Weirton, Brooke and Hancock Counties of West Virginia that the last paragraph of existing ARTICLE VII, SECTION 3 OF THE CHARTER OF THE CITY OF WEIRTON, WEST VIRGINIA shall be deleted and the following language shall be put in its place:
AIn the absence or disability of the Police Court Judge, his or her powers, functions and duties may be assumed by the Mayor to act as Police Court Judge if he or she has completed the training to do so prescribed by the Supreme Court of Appeals of West Virginia; or, if the Mayor has not completed the requisite training, the Police Court Judge=s powers, functions and duties may be assigned by the Mayor to a competent attorney who is currently licensed to practice law in the State of West Virginia, to act as Police Court Judge, but neither such assignment shall last for a period of more than thirty days.@
It is further ORDAINED that a notice of this measure shall be published and that a public hearing shall be scheduled so that the comments of the public may be heard on this measure not less than thirty days after the first publication of notice.
First Reading December 11, 2006 Publication Dates: December 29, 2006 January 5, 2007 Public Hearing: February 12, 2007 Second Reading February 12, 2007
_________________________________ WILLIAM M. MILLER, MAYOR ATTEST:
_______________________ City Clerk Ordinance No. 1518: (Second Reading) ESTABLISHING A “NO PARKING ZONE” FOR A DISTANCE OF 50 FEET IN BOTH DIRECTIONS ON BOTH SIDES FROM THE APEX OF THE CURVE THAT IS LOCATED ON FERNWOOD AVENUE WHEN TRAVELING WEST FROM PALOMINO DRIVE AND PAST FERNWOOD DRIVE’S INTERSECTION WITH CRYSTAL LANE.
Motion was made by Councilmember Moore, second by Councilmember Veltri.
Councilmember Moore commented, “I need to amend the ordinance on a technical issue. At the bottom of the ordinance it says, ‘said amendment shall be effective immediately upon second passage of this ordinance.’ There are only two types of amendments or ordinances that can be effective immediately. One is emergency, and that requires a unanimous vote. This was not an emergency item. And, the second was financial. We need to amend that out to have it read that the amendment would be, ‘said amendment shall be effective at the earliest date permitted by law.’”
Motion to amend the ordinance was made by Councilmember Moore, second by Councilmember Dalrymple.
The motion to amend passed by majority, 7/0.
The motion to pass the ordinance as amended passed by majority, 7/0.
Councilmember Moore commented, “For the press that would be 30 days after it happens.”
ORDINANCE NO. 1518
AMENDMENT NO. 662 TO THE TRAFFIC CONTROL MAP ORDINANCE NO. 214 OF THE CITY OF WEIRTON
The Traffic Control Map of the City of Weirton, as enacted by Ordinance 214 at second reading, on October 27, 1969, is hereby amended as follows:
Establish a “No Parking Zone” for a distance of 50 feet on both sides in both directions from the apex of the curve that is located on Fernwood Avenue when traveling west from Palomino Drive and past Fernwood Avenue’s intersection with Crystal Lane.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE, AND HANCOCK COUNTIES, WEST VIRGINIA, that the above amendment to the Traffic Control Map be and is hereby enacted and amended.
Said amendment shall be effective at the earliest date permitted by law.
FIRST READING: January 8, 2007
PUBLICATION DATE: January 15, 2007
SECOND READING: February 12, 2007
Mayor ATTEST:
City Clerk Ordinance No. 1519: (Second Reading) TO AMEND ARTICLE III, SECTION 2(C) OF THE CHARTER OF THE CITY OF WEIRTON, WEST VIRGINIA, GIVING COUNCIL AUTHORITY TO DISCHARGE APPOINTED OFFICERS BY A TWO-THIRDS MAJORITY.
Motion was made by Councilmember Moore, second by Councilmember DeMasis.
Councilmember Moore commented, “I just have a comment, a short one. I’d like if the City Attorney would confirm that my interpretation is correct. At this time the way the Charter is structured, if all seven members of Council felt one, felt an appointed member of the administration to be removed, is there any procedure at all in place for Council to so remove that member that appointed member of the Administration?”
Mr. Yeager commented, “There’s not a procedure in effect to that.”
Councilmember Moore commented, “That’s correct. We would have to ask the Mayor to remove the appointed officer. Then it could be appealed, and we could confirm that. But, if the Mayor refused to remove the officer, even though all seven elected members of Council were in favor of their removal, there is noting Council could do. They would be powerless. Am I interpreting that correctly?”
Mr. Yeager commented, “Yes you are.”
Councilmember Moore commented, “Thank you.”
The motion passed by majority, 7/0.
Mayor Miller commented, “And let it be known that we did have those accounts, so it will have to go to the ballot.”
Mr. Maher commented, “Yes.”
ORDINANCE NO. 1519
ORDINANCE TO AMEND ARTICLE III, SECTION 2 (C) OF THE CHARTER OF THE CITY OF WEIRTON, WEST VIRGINIA, GIVING COUNCIL AUTHORITY TO DISCHARGE APPOINTED OFFICERS BY A TWO-THIRDS MAJORITY
WHEREAS, West Virginia Code §8-4-8 provides for a method of amending the Charter of a city which has an existing charter, if the Council finds it expedient; and,
WHEREAS, it has been brought to Council’s attention that the current Article III, Section 2 (C) of the Charter of the City of Weirton allows an appointed officer to be discharged by the Mayor, but does not give similar power to City Council. Under the existing provision, Council’s only part in the process is to confirm or reverse the discharged official’s firing if an appeal is filed with it. The purpose of this Charter change is to allow Council to have the same power as the Mayor to discharge appointed officers. The provision set forth in this legislation will preserve to the appointed officer who is being discharged the same due process safeguard which he or she is provided by the current provision, which is that firing shall not be final unless Council votes to terminate by a vote of at least five (5) to two (2) after a public hearing; and,
WHEREAS, Council finds it expedient to amend the Charter to provide Council with the power to terminate a City officer if a five (5) to two (2) majority concur in the decision.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that existing Article III, Section 2 (C) of the Charter of the City of Weirton, West Virginia shall be deleted and the following language shall be put in its place:
“(C) Removal. All appointed officers may be removed from office by the Mayor, but in the event of such removal, the discharged officer may appeal to the Council, and, if such an appeal is taken, Council shall hold a public hearing and the removal shall not be effective unless approved by a two-thirds majority vote of the Council after such public hearing. Council shall also have the power to remove an appointed officer by a two-thirds majority vote after affording him/her a public hearing.”
IT IS FURTHER ORDAINED that a notice of this measure shall be published and that a public hearing shall be scheduled so that the comments of the public may be heard on this measure not less than thirty (30) days after the first publication of notice.
First Reading: January 08, 2007 Publication Dates: January 11, 2007 January 25, 2007 Public Hearing: February 12, 2007 Second Reading: February 12, 2007
______________________________________ Mayor
ATTEST:
____________________________ City Clerk
Sponsored by Councilman Dale Moore.
NEW BUSINESS
Resolution TO ENTER INTO CONTRACT WITH COMMERCIAL INSURANCE SERVICES FOR THE TRIDENT / ARGONAUT INSURANCE COMPANY’S LIABILITY INSURANCE COVERAGE FOR THE CITY OF WEIRTON.
Motion was made by Councilmember Kondik, second by Councilmember Veltri.
Mr. DuFour commented, “Thank you Mayor and members of Council. Just to reiterate the discussion that was held at the Finance Committee with Council. We were very fortunate to receive competitive proposals for the City’s liability lines of coverage. We did receive proposals from two firms, St. Paul Travelers for renewal purposes and Argonaut / Trident which is a new public sector provider of insurance coverage in the State of West Virginia. There was a substantial difference in the favor of Argonaut / Trident, which would appear to be a savings of almost, or I’m sorry, over $200,000 over anticipated premiums for renewal of St. Paul Travelers. It deserves to be noted that St. Paul Travelers wanted our business so much so that they even came back and offered us a lower rate, but still substantially…there was a large difference, so again, we would still see a savings versus the original quoted amount. We would urge Council that the Finance Director and I have both reviewed and attempted to ask all the questions that we could of the representative for Trident / Argonaut that Council approve, and also remind Council that, while we’re saving $210,000, the basis of what they have done appears to be improving risk conditions in the past two years. And, again, if our risk situation changes, if we see more claims than normal, etc., yes, those costs will go up, and invariably they always do. So, I think that needs to be (unintelligible), particularly in regard to our budget, and look at recurring costs. And, yes, there’s a savings there, and we need to think about that very carefully to go in and look at our budget and go through our planning on our budget. That’s all.”
Councilmember Moore commented, “One comment. Since the Park Board, Library Board, Water, Sanitary purchase their insurance under this umbrella package, there will be savings passed on to each of those individual departments. We should commend all of the department heads and Miki Marino who has conducted numerous risk management classes with our department heads and with our city employees. As the City Manager points out, it is our trend the last two years that has really brought us this reduction in rates. So, all the city employees, the department heads, and especially, I would like to single out Miki for their work in really limiting our risk and therefore saving the City and the autonomous boards the money in these insurance costs.”
The motion passed by majority, 7/0.
R E S O L U T I O N
TO ENTER INTO CONTRACT FOR PROPERTY AND LIABILITY INSURANCE COVERAGE FOR CITY OF WEIRTON
WHEREAS, it appears to be in the best interest of the citizens of the City of Weirton that the city obtain sufficient and cost effective liability and property coverage for all city entities.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, that the City Manager be and is hereby authorized to enter into a contract with COMMERCIAL INSURANCE SERVICES, 340 MacCorkle Avenue, S.E., Charleston, WV 25314 for the Trident/Argonaut Insurance Company’s liability insurance coverage in the annual amount not to exceed Four Hundred Sixty One Thousand Nine Hundred Ninety Four Dollars and 07/100 ($461,994.07).
BE IT FURTHER RESOLVED that the General Fund shall be reimbursed for the payments made for the Library, Sanitary, Water and Park Boards.
Date: February 12, 2007
______________________________ Mayor
ATTEST:
_________________________________ City Clerk Resolution TO AUTHORIZE THE CITY ATTORNEY TO FILE SUIT AGAINST PERSONS WHOSE BUILDINGS HAVE BEEN DEMOLISHED BY THE CITY.
Motion was made by Dalrymple, second by Councilmember J. Miller.
Councilmember Dalrymple commented, “Go get them, John.”
Mr. Yeager commented, “It seems like you’re kicking somebody when they’re down. We’re going to sue them because we have to tear their building down.
What normally happens is that these people abandon the property. They don’t pay taxes on it and so forth. And, so we’re left with no way to retrieve our money. However, if we have a judgment against them, we can follow them to where they do have decent properties, valuable, we can put the judgment on record in that county and hopefully get our money back, bearing interest at about 8 or 10 percent.”
Councilmember Kondik commented, “There’s a certain timeframe that you have to have all this done, too. Don’t you? Is it not within…?”
Mr. Yeager commented, “I’m sure you have at least two years to file the suit. But, once you get it on record, it’s good for ten years.”
Councilmember Kondik commented, “Maybe I’m thinking about getting in on the record in thirty days or something like that.”
Mr. Yeager commented, “Your thinking about a mechanic’s lien. You’d have to have it on record within 30 days and file your suit; I think within…it’s either within 3 months or 6 months. You lose your lien.”
The motion passed by majority, 7/0.
RESOLUTION TO AUTHORIZE CITY ATTORNEY TO FILE SUIT AGAINST PERSONS WHOSE BUILDINGS HAVE BEEN DEMOLISHED BY THE CITY
WHEREAS, the City of Weirton is often required to expend its own funds in order to demolish buildings which have fallen below the requirements of the Property Maintenance Code and whose owners have failed to repair or demolish them; and
WHEREAS, to recover its costs the City has followed the practice of placing liens on the real estate where the demolished building was located; and
WHEREAS, this method of recovery is frequently frustrated when the owner or owners of the property allow it to be foreclosed upon by their mortgage lenders or sold for delinquent taxes; and
WHEREAS, a lien on the real estate where the building formerly sat is only effective toward that piece of ground, but a suit against the owner or owners of the ground will result in a judgment lien which can be enforced against all of their property or can be used for other means of collection.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA THAT: The City Attorney is hereby authorized to prepare and to file suit in the appropriate courts to compel property owners to reimburse the City for demolition costs which are made necessary by refusal to bring property into compliance with the Property Maintenance Code or to demolish it in accordance with Notices and Orders issued by City authorities. The said City Attorney is further authorized to place copies or abstracts of judgment orders in the appropriate public repositories so that they will constitute liens on all of the judgment debtor’s real property, and to use the said judgment orders in order to seek suggestions or executions of wages and personal property of the judgment debtors.
DATE: February 12, 2007
____________________________ MAYOR ATTEST:
_________________________ CITY CLERK
THIS RESOLUTION IS SPONSORED BY COUNCILMAN DALE MOORE. Ordinance No. NEW (First Reading) AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE EXISTING PUBLIC SEWERAGE SYSTEM OF THE CITY OF WEIRTON AND THE FINANCING OF THE COST THEREOF, NOT OTHERWISE PROVIDED, THROUGH THE ISSUANCE BY THE CITY OF NOT MORE THAN $5,000,000 IN AGGREGATE PRINCIPAL AMOUNT OF SEWER REVENUE BONDS, SERIES 2007 A (WEST VIRGINIA SRF PROGRAM): PROVIDING FOR THE RIGHTS AND REMEDIES OF AND SECURITY FOR THE REGISTERED OWNERS OF SUCH BONDS; AUTHORIZING EXECUTION AND DELIVERY OF ALL DOCUMENTS RELATING TO THE ISSUANCE OF SUCH BONDS; APPROVING, RATIFYING AND CONFIRMING A LOAN AGREEMENT RELATING TO SUCH BONDS; AUTHORIZING THE SALE AND PROVIDING FOR THE TERMS AND PROVISIONS OF SUCH BONDS AND ADOPTING OTHER PROVISIONS RELATING THERETO.
Motion was made by Councilmember Moore, second by Councilmember Veltri.
Mayor Miller commented, “For comments, I’d like to have the Utilities Director stand up and address the Council to explain this. I know you’ve explained it to the Finance Committee, but as public record we need to address this.”
Mr. Mastrantoni commented, “Yes, as the Mayor pointed out, we did explain this to the Finance Committee. Basically the $5,000,000 bond issuance, this is the first reading of that process. It will occur over the next three months at your regularly scheduled meeting. We’re hoping to close the bonds on April 10th, on your regularly scheduled meeting that month. The bonds are to finance a sewer plant improvement. We use the acronym, ATAD. It stands for Autothermal Thermophilic Aerobic Digestion, which is a fancy way of saying it’s a really sophisticated process which allows us to separate more completely the liquid from the solid matter; disinfect the solid matter and turn it into what they call a Class A material which can then be land applied or used in some beneficial use reuse scenario; disinfect the liquid and return it to the receiving stream so that it is biologically inert and will not affect the river quality in any way shape or form. This project is necessary because our aerobic digestion process, the process which we now have at our Weirton sewerage treatment plant has, in essence, reached the end of its useful life. Staff studied for approximately seven years, alternative, whether it would be balanced alternatives, whether it would be better to reinvest in the aerobic digestion process or move to the ADAD process. After about 6 ½ or 7 years of study, of flying around the country, observing other municipalities where ATAD was working, we came to the conclusion that it was better in all scenarios because the ATAD process will produce, number one, the Class A sludge which can be used beneficially as I talked about. It doesn’t have to be resident in a landfill cell, so we’re getting out of having to take our sludges to landfills in hopes that we save those costs and the cost of trucking. Moreover, it should reduce the waste stream by as much as 46%. As a matter of fact, we have written guarantee by the…from the manufacturers of the process that we should achieve a 46% reduction in our final sludge stream coming out of the sanitary plant. In any regard, it’s a double whammy winner, and the triple whammy came when our utility gas prices…everybody has experienced the increases in gas…I’m not trying to bad rap the gas company as a fellow utility. They need to do what they need to do to pay the bills, and I understand where that’s coming from.”
Councilmember Kondik commented, “What kind of guarantee do you have on that 46% reduction?”
Mr. Mastrantoni commented, “It’s a written guarantee.”
Councilmember Kondik commented, “It’s a written guarantee?”
Mr. Mastrantoni commented, “Yes, from Westech and Fuches.”
Councilmember Veltri commented, “The process does not cause the water rates to go up. Does it?”
Mr. Mastrantoni commented, “No. The sanitary rates have been adjusted in such a fashion that there is no anticipated increase. Now, I do want to say that we’ve got two more contracts that have to come in for bids. We’re anticipating bids on Wednesday, this coming Wednesday. If they come in within the scope, the confines of what we anticipate, then the project will require no additional funding.”
Mayor Miller commented, “As Chairman of the Sanitary Board, I appreciate what you’re doing Butch, you and the staff. You went back to the drawing board in the year 2003-2004 and recognized that we turned this down because the cost overrun on it was probably about 25%. And, due to you and the staff working diligently with the engineers, we’ve been able to cut out at least that amount of money it was over, and we hope to move forward with the project.”
Mr. Mastrantoni commented, “As the Mayor points out, we’re back on budget. We cross our fingers and hope that we stay there after these final two bids, and hope for the best. But, we appreciate Councils taking the time to enact this ordinance, and we’ll see you over the next three months. Incidentally, I can’t pretend to be an expert on this ordinance. It was done by Steptoe and Johnson, who is the bond council of record. More specifically, John Stump, with that organization. John has agreed…the Mayor had asked if I could have John here at our next meeting. It would give you the opportunity to review the ordinance and then if any questions came up, John would be here at your next meeting in order to discuss them.”
Mayor Miller commented, “Thank you Butch.”
The motion passed by majority, 7/0.
Resolution RECERTIFYING THE AREA ENTITLED THE SOUTHERN REDEVELOPMENT DISTRICT AS A BLIGHTED AREA IN ACCORDANCE WITH THE WEST VIRGINIA URBAN RENEWAL AUTHORITY LAW, AS AMENDED.
Motion was made by Councilmember DeMasis, second by Councilmember J. Miller.
The motion passed by majority, 7/0.
A RESOLUTION OF THE COMMON COUNCIL OF THE CITY OF WEIRTON, WEST VIRGINIA, RECERTIFYING THE AREA ENTITLED THE SOUTHERN REDEVELOPMENT DISTRICT AS A BLIGHTED AREA IN ACCORDANCE WITH THE WEST VIRGINIA URBAN RENEWAL AUTHORITY LAW, AS AMENDED WHEREAS, the Common Council of the City of Weirton, WV previously determined that two areas in the Central Business District of the City of Weirton entitled "The Main Street Development District" and "The Downtown Gateway District" were blighted and in need of redevelopment assistance in accordance with the provisions of the West Virginia Urban Renewal Authority Law, as amended; and WHEREAS, the Redevelopment Authority of the City of Weirton in its planning efforts and the preparation of a redevelopment plan for the area, has determined that the two areas should be combined and there is a need to include additional areas along Main Street in the Central Business District of the City of Weirton; and WHEREAS, the Redevelopment Authority of the City of Weirton has undertaken an updated study of the combined area which is designated as "The Southern Redevelopment District"; and WHEREAS, based on the existing conditions present in "The Southern Redevelopment District" it appears that the revised area meets some of the criteria outlined in the West Virginia Urban Renewal Authority Law for certification as a blighted area, which by reason of: o the predominance of defective or inadequate street layout; o faulty lot layout in relation to size, adequacy, accessibility or usefulness; o insanitary or unsafe conditions; o deterioration of site improvements; o diversity of ownership, tax or special assessment delinquency exceeding the fair value of the land; o defective or unusual conditions of title; o improper subdivision or obsolete plotting; o the existence of conditions which endanger life or property by fire and other causes; o substantially impairs or arrests the sound growth of the community; o retards the provision of housing accommodations; o constitutes an economic or social liability; o a menace to the public health, safety, morals, or welfare in its present condition and use.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA, AS FOLLOWS:
SECTION 1. That the area entitled "The Southern Redevelopment District" contains some or all of the conditions which by definition constitute a "blighted area" in accordance with the West Virginia Urban Renewal Authority Law, as amended.
SECTION 2. That the area entitled "The Southern Redevelopment District" as described in the attached Project Area Boundary Description, marked EXHIBIT "A" is hereby certified as a blighted area in accordance with the West Virginia Urban Renewal Authority Law, as amended.
ADOPTED THIS 12TH DAY OF FEBRUARY 2007 AT A REGULAR MEETING OF THE COMMON COUNCIL OF THE CITY OF WEIRTON, BROOKE AND HANCOCK COUNTIES, WEST VIRGINIA.
DATE: FEBRUARY 12, 2007
WILLIAM M. MILLER, MAYOR
ATTEST:
THOMAS J. MAHER, JR., CITY CLERK
EXHIBIT "A"
PROJECT AREA BOUNDARY DESCRIPTION
BEGINNING AT THE POINT of intersection of the westerly right-of-way line of Gullette Lane extended southwardly to the southerly right-of-way line of Freedom Way; thence eastwardly, along the southerly right-of-way line of Freedom Way to its point of intersection with the westerly property line of Tax Parcel 260, Brooke County, WV, Tax Map W2M; thence southwardly along the said westerly property line of Tax Parcel 260 extended to its point of intersection with the corporate municipal boundary line of the City of Weirton along Harmon Creek; thence eastwardly along the said corporate municipal boundary line of the City of Weirton to its point of intersection with the extended westerly property line of Tax Parcel 1, Hancock County, WV, Tax Map W43N; thence northwardly along the said westerly property line of Tax Parcel 1 to its point of intersection with the southerly right-of-way line of Cove Road; thence eastwardly along the said southerly right-of-way line of Cove Road to its point of intersection with the westerly property line of Tax Parcel 3, Hancock County, WV, Tax Map W43N; thence southwardly along the said westerly property line of Tax Parcel 3 to its point of intersection with the southerly property line of Tax Parcel 3, Hancock County, WV, Tax Map W43N; thence eastwardly along the said southerly property line of Tax Parcel 3 to its point of intersection with the easterly property line of Tax Parcel 3, Hancock County, WV, Tax Map W43N; thence northwardly along the said easterly property line of Tax Parcel 3 to its point of intersection with the southerly right-of-way line of Cove Road; thence southeastwardly along the said southerly right-of-way line of Cove Road to its point of intersection with the extended northwesterly property line of Tax Parcel 152, Hancock County, WV, Tax Map W43N; thence northwardly across Cove Road along the said extended northwesterly property line of Tax Parcel 152 to its point of intersection with the northerly right-of-way line of Cove Road; thence northwestwardly along the said northerly right-of-way line of Cove Road to its point of intersection with the southeasterly property line of Tax Parcel 19, Hancock County, WV, Tax Map W43J; thence northeastwardly along the said southeasterly property line of Tax Parcel 19 and continuing along to the southeasterly property line of Tax Parcel 20, Hancock County, WV, Tax map W43J to its point of intersection with the northeasterly property line of Tax Parcel 20; thence northwestwardly along the said northeasterly property line of Tax Parcel 20 to its point of intersection with the northerly property line of Tax Parcel 23, Hancock County, WV Tax Map W 43J; thence northwestwardly along the said northerly property line of Tax Parcel 23 to its point of intersection with the easterly right-of-way line of Weir Avenue; thence northwardly along the said easterly right-of-way line of Weir Avenue to its point of intersection with the easterly property line of Tax Parcel 24, Hancock County, WV Tax Map W43J; thence northwardly along said easterly property line of Tax Parcel 24 and continuing along the easterly property lines of adjacent Tax Parcels 25, 26, and 29 to the point of intersection with the northerly property line of Tax Parcel 29, Hancock County, WV, Tax Map W43J; thence northwestwardly along the said northerly property line of Tax Parcel 29 extended northwestwardly to the westerly right-of-way line at Weir Avenue; thence southwardly along the said westerly right-of-way line of Weir Avenue to its point of intersection with the northerly right-at-way line at Lee Avenue; thence westwardly along the said northerly right-at-way line of Lee Avenue to its point at intersection with the easterly right-at-way line at an alley which is east at and parallel to Main Street; thence northwardly along the said easterly right-at-way line of an alley to its point at intersection with the extended northerly property line of Tax Parcel 103, Hancock County, WV, Tax Map W42M; thence westwardly along the said northerly property line at Tax Parcel 103 to its point at intersection with the easterly right-or-way line at Main Street; thence northwardly along the said easterly right-of-way line at Main Street to its point at intersection with the extended northerly right-at-way line at Virginia Avenue; thence westwardly along the said northerly right-at-way line of Virginia Avenue to its point at intersection with the westerly right-at-way line of an alley which is west of and parallel to West Street; thence southwardly along the said westerly right-of-way line at the alley to its point at intersection with the northerly right-at-way line at Lee Avenue; thence eastwardly along the said northerly right-at-way at Lee Avenue to its point of intersection with the westerly right-at-way line at West Street; thence southwardly along the said westerly right-of-way line of West Street to its point at intersection with the northerly property line at Tax Parcel 47, Hancock County, WV, Tax Map W42S; thence westwardly along the said northerly property line at Tax Parcel 47 to its point at intersection with the easterly right-at-way line of an alley which is west of and parallel to West Street; thence southwardly along the said easterly right-at-way line of the alley extended to its point at intersection with the southerly right-at-way line of Purdy Lane; thence southeastwardly along the said southerly right-at-way line at Purdy Lane to its point at intersection with the westerly right-of-way line at West Street; thence southwestwardly along the said westerly right-of-way line at West Street to its point of intersection with the southerly right-of-way line at LeMoyne Avenue; thence southeastwardly along the said southerly right-of-way line at LeMoyne Avenue; thence southeastwardly along the said southerly right-of-way line of LeMoyne Avenue to its point at intersection with the westerly right-of-way line at West Street Extension; thence southwestwardly along the said westerly right-of-way line at West Street Extension which becomes the westerly right-at-way line of an alley between Orchard Street and Main Street to its point at intersection with the northerly property line at Tax Parcel 80, Brooke County, WV, Tax Map W2H; thence southeastwardly along the said northerly property line at Tax Parcel 80 which becomes the southwesterly property line at Tax Parcel 116, Brooke County, WV, Tax Map W2H extended to its point of intersection with the westerly right-at-way line at an alley which is west at and parallel to Main Street; thence southwestwardly along the said westerly right-at-way line of the alley to its point at intersection with the northerly right-of-way line of another alley which is south of and parallel to Elmer Avenue; thence westwardly along the said northerly right-of-way line of the alley to its point of intersection with the westerly right-of-way line of Washington Street; thence southwardly along the westerly right-of-way line of Washington Street to its point of intersection with the northerly right-of-way line of Heaslett Avenue; thence northwestwardly along the said northerly right-of-way line of Heaslett Avenue to its point of intersection with the westerly right-of-way line of Adams Street; thence southwestwardly along the said westerly right-of-way line of Adams Street to its point of intersection with the southerly right-of-way line of an alley which is south of and parallel to Heaslett Avenue; thence southwestwardly along the said southerly right-of-way line of the alley to its point of intersection with the westerly right-of-way line of Mound Street; thence southwestwardly along the said westerly right-of-way line of Mound Street to its point of intersection with the northerly right-of-way line of Market Street; thence northwestwardly along the said northerly right-of-way line of Market Street to its point of intersection with the northwesterly right-of-way line of Wells Street; thence southwestwardly along the said northwesterly right-of-way line of Wells Street to its point of intersection with the westerly right-of-way line of an alley which is adjacent to the Edgewood School property; thence southeastwardly along the said westerly right-of-way line of the alley and extended across Wells Street to its point of intersection with the terminus of Washington Street and the beginning northerly right-of-way line southwest of Washington Street; thence southwestwardly along the said northerly right-of-way line of the alley to its point of intersection with the northeasterly property line of Tax Parcel 277, Brooke County, WV, Tax Map W2L; thence southwardly along the said northeasterly property line of Tax Parcel 277 to its point of intersection with the southeasterly property line of the said Tax Parcel 277; thence westwardly along the said southeasterly property line of the said Tax Parcel 277 to its point of intersection with the southwesterly property line of the same Tax Parcel 277; thence northwardly along the said southwesterly property line of the same Tax parcel 277 to its point of intersection with the southeasterly right-of-way line of Wells Street; thence westwardly along the said southeasterly right-of-way line of Wells Street to its intersection with the northeasterly property line of Tax Parcel 279, Brooke County, WV, Tax Map W2L; thence southwardly and westwardly along the said northeasterly property line of Tax Parcel 279 to its point of intersection with the southeasterly property lines of adjacent Tax Parcels 280, 281, 282, 283, 284, 285, and 286, Brooke County, WV, Tax Map W2L; thence southwestwardly along the said southeasterly property lines of Tax Parcels 280, 281, 282, 283, 284, 285, and 286 to its point of intersection with the southwesterly property line of Tax Parcel 286; thence northwardly along the said southwesterly property line of Tax Parcel 286 extended to its point of intersection with the northwesterly right-of-way line of Wells Street; thence westwardly along the said northwesterly right-of-way line of Wells Street to its point of intersection with the westerly right-of-way line of Gullette Lane; thence southwardly along the said westerly right-of-way line of Gullette Lane to its point of intersection with the southerly right-of-way line of Freedom Way, THE POINT OF BEGINNING.
Resolution TO AUTHORIZE ADDENDUM TO CONTRACT WITH URBAN DESIGN VENTURES, LLC.
Motion was made by Councilmember Moore, second by Councilmember J. Miller.
Councilmember Moore commented, “Rod, would you mind explaining exactly what this addendum is for?”
Mr. Rosnick commented, “Sure. The Redevelopment Authority, in their process with what is now termed the Southern District, decided to combine those districts. In doing so, they also thought there needed to be second district created which they labeled the Northern District. It basically runs from Virginia Avenue, north, taking up North Main, County Road and the lettered avenues up there. They wanted to draw a distinction between the two districts for funding. The Northern District’s more industrialized and the Southern District’s more commercialized. So, in order to do that, the consultant came back with a proposal of $5,000 to develop the bounds and do the field work to certify the Northern District. The Redevelopment Authority thought that was a little high and discussed with staff on what we could provide to the consultant. And, that’s where he came down to $3,500 and the Redevelopment Authority recognized that last month, or this month.”
Councilmember Moore commented, “OK. And, the original $10,000 came from CDBG, and this $3,500 is coming form General Fund?”
Mr. Rosnick commented, “Yes. Council had brought in the $5,000 for the Redevelopment Authority up to July 1 this year, and that’s where that money will come from.”
Councilmember Moore commented, “This comes from the $5,000 that was earmarked for the Redevelopment Authority?”
Mr. Rosnick commented, “Yes.”
Councilmember Moore commented, “Thank you.”
Councilmember Kondik commented, “City Manager, explain for the public the exact content of what this was in the year, December 2002, what it was and what happened, and what didn’t get done, being the fact that the same guy that did this is the same guy at a different company that’s going to do this. So, just for general record, just explain.”
Mr. DuFour commented, “I think what you’re talking about is the Southern District. Do you want to…?”
Mr. Rosnick commented, “When the Redevelopment Authority was active about 2 years ago, they had originally developed two districts. One was termed as the Gateway District, which was the Freedom Way area, and then one was the Central District which included this complex, the Cove School area, and up on Lee Avenue to Marland Heights Road. They left a gap between the two districts. And, the Redevelopment Authority, re-looking at it, re-opening it up for possible fundings for streetscapes and other items that they may be eligible for, they didn’t see the point in leaving the gap to start a project on Freedom Way and then stop it and then start it up in the middle of town. So, that’s why the combination of the districts.
What you’re referring to is after they developed and certified the first two districts before they started developing the plan for those districts. That’s when that consultant was terminated and the work not completed.”
Councilmember Kondik commented, “A lot of this…a lot of this in the January 2007 and a lot of this is duplication, a lot of the Southern part.”
Mr. Rosnick commented, “What you just approved, not the north. The north has never been touched.”
Councilmember Kondik commented, “A lot of this in the 2002 is the same as what they are going to do in the 2007 report.”
Mr. Rosnick commented, “Right. This consultant was hired. They took the information from the reports, and you didn’t really pay to re-certify it. You paid to join as far as the certification. They are going to complete the plan for that district though.”
Councilmember Kondik commented, “OK.”
Mayor Miller commented, “City Manager, do you have any more to add to that?”
Mr. DuFour commented, “No. Just as, and not to get stuck in reiterating what Rod had said, but what they had done is essentially broken off at Marland Heights Road, started back at Cove Road and went to Lee Avenue. What the Redevelopment Authority has done had said consolidate that consistently and go all the way to Virginia Avenue, taking in the entire commercial area coming from Freedom Way all the way to Virginia and call that the Southern District. In 2002 they did two pieces of it. What we presented tonight, and what came from the Authority tonight consolidates that all the way to Virginia Avenue. That’s the summary.”
The motion passed by majority, 7/0.
RESOLUTION
TO AUTHORIZE THE ACCEPTANCE OF THE ADDENDUM TO THE CONTRACT FOR URBAN DESIN VENTURES, LLC
WHEREAS, the WV Urban Renewal Authority Law of 1951, as amended, permits the local governing body of the community in which a redevelopment project area is located to declare the area to be a slum or blighted area in need of a redevelopment strategy; and
WHEREAS, the Redevelopment Authority of the City of Weirton in its planning efforts and preparation of a development plan would like further reconnaissance work of the northern area of the City of Weirton and prepare a basic conditions report for the Common Council to review in making a declaration of a slum and blighted area for the northern part of Main Street and County Road; and,
WHEREAS, the Redevelopment Authority has asked for the creation of a certified slum and blighted district for the northern part of Main Street and County Road and this would require additional studies by Urban Design Ventures, LLC.
NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF WEIRTON, HANCOCK AND BROOKE COUNTIES, WEST VIRGINIA, that the City Manager of the City of Weirton be authorized to accept the addendum to the contract with Urban Design Ventures, LLC, 212 E. 7th Avenue, Homestead, PA 15120, in an amount not to exceed Three Thousand Five Hundred Dollars ($3,500.00) as budgeted through the City of Weirton General Fund, and as outlined in the contract, a copy of which is attached hereto and made a part thereof.
Date: February 12, 2007
__________________________________ Mayor
ATTEST:
__________________________________ City Clerk Ordinance No. NEW (First Reading) ABANDONING SCOTT LANE.
Motion was made by Councilmember Moore, second by Councilmember DeMasis.
Councilmember Moore commented, “This is just an area that all of the land owners involved have agreed to transfer property. We no longer have a need to access any of those properties. The potential business there can expand by us letting go, and the City really has no dog in that fight.”
Mayor Miller commented, “City Manager, just make sure you expound on the land owners. They’ve got to have an agreement, because we’ve go nothing there.”
Mr. DuFour commented, “I think the land owners have been discussing Scott Lane with the development being done in the new structure by Mr. Boniti, the needs of M&T Can...we mentioned Mr. Musick has just recently passed away, and certainly Starvaggi Industries. All three have signed as the adjoining property owners on petition to ask us to vacate so that they can proceed with mutual arrangements to more fully develop and utilize the property. The City’s interest was having the access available to them. They seem to have resolved that between them all. Therefore, I agree with the Councilman as they have petitioned it. They will work through that and our access issue is no longer valid. Rod, did I cover it well enough?”
The motion passed by majority, 7/0.
APPOINTMENTS TO VARIOUS BOARDS AND COMMISSIONS
NONE
ADMINISTRATIVE REPORTS
Chief Cole commented, “Nothing additional Mayor.”
Mayor Miller commented, “Do you want to comment on what has taken place or just forget it?”
Chief Cole commented, “Maybe for the news media at this time. We have quite a few broken water lines due to frozen lines in Mittal Steel. The Weirton Fire Department is staging two personnel and an apparatus since Friday morning. They’re still on scene until further notice. And, Weirton Steel has agreed to pay the wages of the individuals that are working in Mittal Steel.”
Mayor Miller commented, “Thank you Fire Chief. Butch, do you want to put an addendum on the frozen…I told you. You’re going to have to lay this out. We’ve got…”
Mr. Mastrantoni commented, “Well Mayor, you know I don’t like to talk so much. Yes. I will put a little addendum on that. As Bud said, his fire guys have been on fire watch in Mittal. The Mittal plant, as a result of the single digit temperature being in such a consistently long period of time, greater than we’ve experienced in the last ten years, has resulted in their plant freezing up and their system being ravaged by it. We’re not out of the woods either. In our public system, we have been able to do some things in advance and prepare. Our water treatment plant is in good shape. We’re continuing to provide treated water to the community. When it gets very, very cold it becomes more difficult for the treatment process to continue the way it normally does for sedimentation to occur as it normally does. But, the plant’s functioning correctly, and that’s all working out. We’ve had a number of line breaks on significantly large water mains that have reduced our anchor storage facility is Lee Avenue with 3 million gallons. We’ve got about half our complement of water in that now. Again, we’ve experienced the same ravages that they, maybe not as severe as they’ve had. We’ve taken the proper precautions to make sure that we, through this period, can continue to provide water service. We’ve had a number of broken lines, but more importantly, we’ve had a large number of frozen lines as the single digit temperatures continue. Even thought it’s warmed up, overnight temperatures continue to penetrate deeper and deeper into the ground, and we’re finding facilities with service lines and water mains that are freezing. And, we’re doing our best to continue to maintain service to those customers who experience the frozen pipe scenario. Even though Ronnie’s here tonight, we still have the field covered out there.”
Mayor Miller commented, “We just wanted to make the general public aware of what’s going on, both in Mittal, as well as within the City, and tell everybody if we go back and we’re going back to the zero and sub zero temperatures, they may as well have a fine pencil line of water trickling out of your faucet, rather than to end up with a frozen line, and essentially it’s more costly that way.”
Mr. Mastrantoni commented, “And, Mayor, if I may add to that, a lot of times I’ll say that and people think I’m trying to get a little more money out of them. That little pencil lead stream of water…a thousand gallons of water costs $4.83. It would take you, maybe two months running that pencil stream to get, to use a full thousand dollars worth of water, but that little precaution sure saves a whole lot of money in the long run so.”
Mayor Miller commented, “And, Jason, you can quote him on that. Will you please?”
Councilmember Moore commented, “Don’t quote a thousand dollars. Quote a thousand gallons.”
Chief Scott commented, “Nothing additional sir.”
Mr. Brown commented, “Nothing to add Mayor.”
Mr. Rekowski commented, “Nothing really much more to offer, but we do have our wireless system installed at the library, and we are going through a test analysis. Preliminary results are showing that it’s working on both floors, but we are looking at that. I’d like to invite you to our library board meeting which is the regular February board meeting which is Thursday, the day after tomorrow, or Thursday at 5:00 PM at the library.”
Mr. Shingle commented, “Nothing further to add.”
Mr. Mastrantoni commented, “Nothing more to add.”
TREASURER’S REPORT
Valerie Means gave the treasurer’s report for January 2007, stating:
Beginning Cash Balance: 427,669.96 Interest: 2,050.72 Deposits: 886,911.73 Investment Drawdown: 800,000.00 Disbursements: (1,431,794.19) Ending Cash Balance: 684,838.22 Investment Balance: 1,283,822.84 Petty Cash Fund: 700.00 Total Cash and Investments Available: 1,969,361.06
Ms. Means commented, “You did have one bill in your packet for approval, totaling $1,826.54 from Weirton Heights Auto.”
Motion was made by Councilmember J. Miller to accept the financial report and pay the bills, second by Councilmember Dalrymple.
Motion was carried by majority, 7/0.
Motion was made to accept the department head reports by Councilmember J. Miller, second by Councilmember Dalrymple.
Motion was carried by majority, 7/0.
ADJOURNMENT
With no further business before this February 12, 2007 regular session of the Weirton City Council the meeting was adjourned after the closing prayer.
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